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GALLEGOS v. LYNG

Nos. 88-1367, 88-1370.

891 F.2d 788 (1989)

Lou GALLEGOS, Secretary, New Mexico Human Services Department, Plaintiff-Appellant, Cross-Appellee, v. Richard LYNG, Secretary-Designate of the United States Department of Agriculture, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

December 15, 1989.

Attorney(s) appearing for the Case

Submitted on the Briefs:*

Jennifer A. Salisbury, Gen. Counsel, and Dale S. Morritz, Asst. Gen. Counsel, New Mexico Human Services Dept., Santa Fe, N.M., on the briefs, for plaintiff-appellant, cross-appellee.

John R. Bolton, Asst. Atty. Gen., John Koch, Office of Gen. Counsel, Dept. of Agriculture, Washington, D.C.; William L. Lutz, U.S. Atty., Albuquerque, New Mexico; William Kanter and Bruce G. Forrest, Dept. of Justice, Washington, D.C., on the briefs, for defendant-appellee, cross-appellant.

Before MOORE, ANDERSON and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

This is an appeal and cross-appeal from an order granting summary judgment of the United States District Court for the District of New Mexico. Appellant/Cross-Appellee, Lou Gallegos, Secretary of the New Mexico Human Services Department and Plaintiff below, appeals the district court's ruling that the Department of Agriculture's food stamp mail loss tolerance regulation, 7 C.F.R. § 274.3(c)(4), is not arbitrary and capricious and was promulgated...

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